(a) The board may upon its own motion based on credible
information, and shall upon the written complaint of any person,
cause an investigation to be made to determine whether grounds
exist for disciplinary action under this article.

(b) Upon initiation or receipt of the complaint, the board
shall provide a copy of the complaint to the licensee or
certificate holder.

(c) After reviewing any information obtained through an
investigation, the board shall determine if probable cause exists
that the licensee or certificate holder has violated this article.

(d) Upon a finding that probable cause exists that the
licensee or certificate holder has violated this article, the board
may enter into a consent decree or hold a hearing for the
suspension or revocation of the license or certificate of
authorization or the imposition of sanctions against the licensee
or certificate holder. Any hearing shall be held in accordance
with the provisions of this article.

(e) Any member of the board or the executive secretary of the
board may issue subpoenas and subpoenas duces tecum to obtain
testimony and documents to aid in the investigation of allegations
against any person regulated by the article.

(f) Any member of the board or its executive secretary may
sign a consent decree or other legal document on behalf of the board.

(g) The board may, after notice and opportunity for hearing,
deny or refuse to renew, suspend, restrict or revoke the license or
certificate of authorization of, or impose probationary conditions
upon or take disciplinary action against, any licensee or
certificate holder for any of the following reasons once a
violation has been proven by a preponderance of the evidence:

(1) Obtaining a license or certificate of authorization by
fraud, misrepresentation or concealment of material facts;

(2) Being convicted of a felony or other crime involving moral
turpitude;

(3) Being guilty of unprofessional conduct which placed the
public at risk;

(4) Intentional violation of a lawful order or legislative
rule of the board;

(5) Having had a license or other authorization to practice
revoked or suspended, or other disciplinary action taken by the
proper authorities of another jurisdiction;

(6) Aiding or abetting unlicensed practice; or

(7) Engaging in an act while acting in a professional capacity
which has endangered or is likely to endanger the health, welfare
or safety of the public.

(h) For the purposes of subsection (g) of this section,
disciplinary action may include:

(1) Reprimand;

(2) Probation;

(3) Restrictions;

(4) Administrative fine, not to exceed $1,000 per day per
violation;

(5) Mandatory attendance at continuing education seminars or
other training;

(6) Practicing under supervision or other restriction; or

(7) Requiring the licensee or certificate holder to report to
the board for periodic interviews for a specified period of time.

(i) In addition to any other sanction imposed, the board may
require a licensee or certificate holder to pay the costs of the
proceeding.

Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.